A Meeting of the Town Board of the Town of Orchard Park, Erie County, New York, was held at the Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 7th day of March 2001 at 7:00 P.M., (local time). The meeting was called to order by the Supervisor and there were
PRESENT AT ROLL CALL: Toni M. Cudney Supervisor
John J. Mills Councilman
David M. Buyer Councilman
Nancy W. Ackerman Councilwoman
Stanley A. Jemiolo Councilman
Kathleen A. Swarbrick Deputy Town Clerk
Leonard Berkowitz Town Attorney
Joseph M. Campion Building Inspector
Samuel M. McCune Chief of Police
Ronald A. Geitter Superintendent of Highways
Michael R. Merritt Town Engineer
ABSENT: Janis A. Colarusso Town Clerk
Supervisor Cudney stated that Janis Colarusso, the Town Clerk, is attending a Public Safety Incident Management Training Session for disaster preparedness for the Town of Orchard Park. She explained that the attendants for this course were representatives from the Town & Village of Orchard Park, the Orchard Park Police Department and the Orchard Park Fire District.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, the minutes of the Town Board Meeting held on February 7 & 21, 2001 as presented by the Town Clerk are hereby approved, and be it further
RESOLVED, that the reading of these minutes be dispensed with as each member of the Town Board has previously received copies thereof.
The resolution was unanimously adopted.
New Business #1 Authorize purchase of one New 2001 Model ½ Ton Pick-Up for Sewer & Water
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, with the Sewer & Water Department’s Vehicle Replacement Program, funds were allocated in the 2001 budget to purchase a new ½ Ton Pick-up Truck to replace a 1990 Chevrolet Lumina with high mileage (101,000+), and
WHEREAS, after reviewing informal quotes obtained from local auto dealers, it appears that the Town would save approximately $1,000.00 by purchasing the new pickup under the New York State Bid Contract, and delivery is expected within four months whereupon a truck cap and toolboxes will be installed at an estimated cost of $600.00
RESOLVED, that the Town Board does hereby authorize the purchase of One (1) New 2001Model Chevrolet Silverado 1500LS Pickup Truck for the Sewer & Water Department under New York State contract, from Hoselton Chevrolet, Inc., 909 Fairport Road, East Rochester, New York, in the amount of $16,918.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #2 Request from OP Jaycees for the Annual Egg Hunt at Green Lake/Yates Park
3) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of the Orchard Park Jaycees to use Yates Park/Green Lake and the Recreation Building, to host their Annual Easter Egg Hunt on Saturday, April 7, 2001 from 7:00 AM to 1:00 PM.
The resolution was unanimously adopted.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Highway Superintendent to advertise for bids for the Brush Pick-up, to be opened on March 23, 2001 at 9:30 AM (local time) in the Supervisor’s Conference Room, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice.
The resolution was unanimously adopted.
New Business #4 Authorize Detective Thomas Norman to attend Annual MAGOCLEN Conference
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby authorize Detective Thomas Norman to attend the Annual MAGOCLEN Conference, March 19 – 23, 2001, in Pittsburg, Pennsylvania, as recommended by the Chief of Police.
The resolution was unanimously adopted.
New Business #5 Authorize Staff Appointments for the 2001 Spring/Summer Recreation Dept.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby authorize the following appointments (dependent upon the applicant providing the required certification) to the Staff of the Town of Orchard Park Recreation Department for Spring/Summer 2001, as recommended by the Recreation Director.
Name Address Wage
Jessica Bilkey 357 Dupont Ave., Tonawanda, New York Aide $5.75
Jill McDonough 50 Knob Hill WSI $6.15
The resolution was unanimously adopted.
New Business #6 through #10 Refer to the Planning Board & Conservation Board
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does refer the following requests to the Planning Board and the Conservation Board:
6) Route 20 Ice Cream, 2783 Southwestern Blvd., Zoned B-2 requesting a Building Permit to construct a 14 x 16 foot canopy,
7) Taylor Pohlman, Inc., 3925 California Rd., requesting a Building Permit to construct a 15,000 square foot pre-engineered metal building for cold storage with a loading dock for shipping and receiving of raw materials and finished products,
8) Acquest Development Company, Sterling Drive, Phase 2: requesting a Building Permit to construct a medical office building,
9) Joseph Ippolito, 3085 Southwestern Blvd: requesting a Building Permit to construct a 13,000 square foot, one story office building as Phase II of Parkland Professional Park, and
10) Joseph DeMarco, 2799 Southwestern Blvd. (6.4 Acres of Property) requesting to rezone the south 1000+ section of the 6.4 acres, from R-3 to B-2.
The resolution was unanimously adopted.
Elected Officials & Department Heads
8) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the appointment of Jack Bertsch to fill the vacancy on the Orchard Park Economic Development Committee.
The resolution was unanimously adopted.
9) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town has received two (2) Applications for Conservation Easements that were referred to the Conservation Board, and
WHEREAS, the Conservation Board has recommended to accept these Conservation Easements and in order to accept the Conservation Easements, a Public Hearing must be held
RESOLVED, that the Town Board does hereby set a Public Hearing for April 4, 2001 at 7:00 PM (local time), in the matter of two (2) Conservation Easements requested by Margaret C. Balbach, for 76 acres behind Melant Drive, and Addison Ventures LLC, for 26 acres on the west side of Transit Road, south of Colony Drive, and be it further
RESOLVED, that the Town Clerk shall publish due notice thereof.
The resolution was unanimously adopted.
Supervisor Cudney received a notice from the ECIDA that there will be a public hearing on April 9, 2001, pursuant to Municipal Law, regarding the building on the corner of North Buffalo Street and East Quaker Road (the Old Orchard Downs). The owners are seeking agency assistance for issuance & sale of Industrial Revenue Bonds or mortgage, sales tax exemption for materials and equipment, property tax benefits and mortgage tax abatement. The Supervisor then requested the Clerk to add this to the communications to be received and filed. Supervisor Cudney stated that there will be a Home Energy Assistance Program outreach for people who would like to apply for assistance with their gas bills on April 3, 2001, at the Boston Town Hall. Supervisor Cudney also announced that Wayne Bieler, the Town’s Assistant Municipal Engineer, passed the examination for his Professional Engineering License, and congratulated him on this achievement. The Town now has two PE’s in the Engineering Department.
Councilman Mills reviewed his report from the 2001 Association of Towns Annual Meeting. One area of special interest is that the State of New York Building Code is going to be eliminated and will be replaced with a national code. This will allow New York State to be more user friendly to contractors and developers. The State hopes to have the new code ready for implementation by March 14, 2001 and will pay for the new code books and has set aside three million dollars for training. Councilman Mills also said the Lt. Governor spoke about grants the Governor has funded and stated there are 41 new additional categories of grants that cover such items as landscaping, environmental protection, land development and GIS programs. Councilman Mills said the Conference was very good and he feels the ability to get together with people of other towns and exchange information is one of the best features of attending this conference.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file Councilman John Mills report for the 2001 Association of Towns Training School and Annual Meeting.
The resolution was unanimously adopted.
Councilwoman Ackerman stated that on March 20, 2001, Chris Sasiadek is going have his Court of Honor and become an Eagle Scout on March 20, 2001. She said it takes a lot of hard work for an individual to reach this level, and Eagle Scouts are traditionally people who go on to become productive, involved adults who make the communities they live in a much better place by their contributions.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the purchase of a Gehl Skid Steer, Model 6635DTX, from Anderson Equipment, 101 Great Arrow Drive, Buffalo, off the New York State Contract, for $26,995.00, as recommended by the Highway Superintendent.
The resolution was unanimously adopted.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby authorize the purchase of one (1) 2001 model Chevrolet Silverado 1500LS pickup truck for the Highway Department, from Hoselton Chevrolet, Inc., 909 Fairport Road, East Rochester, NY 14445 under New York State bid contract, in the amount of $16,779.00, as recommended by the Highway Superintendent.
The resolution was unanimously adopted.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #5 following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$103,197.00 |
|
Part Town Fund |
$3,497.58 |
|
Highway Fund |
$24,405.73 |
|
Special Districts |
$42,003.13 |
|
Trust & Agency |
$5,898.48 |
|
Capital Fund |
$10,878.73 |
The resolution was unanimously adopted.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, the Town Board does hereby receive and file the following Communication as entered on the agenda:
1. Erie County Soil and Water Conservation District along with the Erie County Legislature and the USDA Natural Resources Conservation Service have contacted landowners along the Eighteenmile Creek, regarding the potential for flooding and bank erosion.
2. ECIDA notice of a Public Hearing on April 9, 2001 regarding the building at the corner of North Buffalo Street and East Quaker Road. (Not on agenda)
The resolution was unanimously adopted.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, the Town Board does hereby receive and file the following Reports as entered on the agenda:
1. Chief of Police’s Monthly Report for February 2001,
2. Summary of Presentation for the 2001 Association of Towns Training School & Annual Meeting from Town Attorney Berkowitz.
3. Summary of Presentation for the 2001 Association of Towns Training School & Annual Meeting from Councilman Mills. (Not on agenda)
The resolution was unanimously adopted.
Marvion Ashburn, Benning Road: He questioned his water bill pertaining to the extension of the water bond. Mr. Ashburn also wanted to know if the Town is planning on placing the Telford Bell back in front of the Municipal Building where it was originally dedicated.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Buyer the meeting was adjourned at 7:23 PM in memory of F. Thomas Norman, former Police Officer for the Town of Orchard Park, who was a loyal member of the Department and served the community faithfully for 25 years.
Respectfully Submitted,
Janis A. Colarusso
Town Clerk